law no 204
LAW OF DECEMBER 15, 2011
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LAW OF CREATION OF THE SUPPORT FUND FOR THE PRODUCTIVE COMPLEX
Article 1. (OBJECT). This Law aims to create the Support Fund for the Productive Complex
Lacteo? PRORECHE and establish its sources of financing, in the framework of the food security policy with the sovereignty of the Plurinational State.
Article 2. (FUND TO SUPPORT THE DAIRY PRODUCTION COMPLEX? PRORECHE).
TheFund for the Dairy Productive Complex is created? PRORECHE, which will have as objectives:
Contribute to food security with sovereignty, facilitating Bolivian and Bolivian access to dairy products.
Promoting the consumption of dairy products for raise the nutritional levels of the population.
Encourage the Development of the Dairy Productive Complex.
Article 3. (ALCANCES). The programs and projects will be oriented to support the productive actors of the
dairy sector, depending on the application of the following technical and economic criteria:
1. For dairy farmers:
Scale of Operations, prioritizing support for small producers.
Quality, small producers must comply with the quality of fresh milk regulations established by the competent entity.
2. For the Lacteas Industries:
Fair Price Certification: will be beneficiaries of programs and support projects, companies that have the Fair Price Certification and the established price printed on the packaging (CPJ) be issued by the Ministry of Productive Development and Plural Economics, according to regulations to be approved.
Scale of Operations, prioritizing support for small businesses.
Final products: will be favored to companies that develop mass or popular consumer products.
Production target market: more support will be provided by companies that fully target their production to the internal market.
Quality: Qualifying companies will have to comply with product quality regulations dairy set by the competent entity.
Article 4. (ADMINISTRATION OF THE FUND). The instance responsible for the administration of the Fund of
Support to the Dairy Productive Complex-PROLECHE, will be the CONCENTRATED ENTITY PRO BOLIVIA, dependent of the Ministry of Productive Development and Economy Plural.
Article 5. (FUNTIONS). In addition to the legally established functions and duties, PRO BOLIVIA
will assume the following functions with respect to the Support Fund for the Dairy Productive Complex? PRORECHE:
Manage resources from the various sources of financing.
Develop programs and projects to support the Dairy Productive Complex.
Make resource transfers public and/or public-public non-reimbursable public and/or public-private to the productive actors in the dairy sector, in the framework of the programmes and projects, subject to compliance with requirements established by specific regulation.
Preferably supporting the development of small and Medium-sized industries in compliance with Articles 314 and 316 of the Constitution of the State.
Article 6. (LIMIT TO DIRECT TRANSFERS). The maximum amount of the total of the
direct transfers of the monetary resources of the fund to the dairy companies will be Bs35,000,000.-(THIRTY-FIVE MILLION BOLIVIANS) per year during The eight (8) years of validity of the Fund.
In case of non-compliance with the annual goals of consumption per capita established by the Ministry of
Productive Development and Plural Economy, the amount of direct transfers will be lower.
Article 7. (SOURCES OF FUNDING). The Dairy Productive Complex Support Fund?
PROECHE, will be funded with the revenue generated by the Beer Marketing Retention? RCC, the Alcoholic Beverage Import Retention? RIBA, the contribution of dairy and derivative industries and fines established in this Law.
Article 8. (BEVERAGE RETENTION AND IMPORT OF BEVERAGES
I. The Beer Marketing Retention is created? RCC and the Alcoholic Beverage Import Retention? RIBA,
which will apply to natural or legal persons producing beer or alcoholic beverages, according to the following table:
Product retention quota description
Imported (Bs per litre)
National Products retention quota
(Bs. per liter)
Wine of fresh grapes, even topped; grape must 0.40 ---
Vermut and other wines of fresh grapes prepared with plants or aromatic substances 0.40
Other fermented beverages (e.g. cider, perada, aguamiel); mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included.
Undenatured ethyl alcohol with grade Alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other beverages spirit (e.g. Pisco, singani, grappa and the like, Whisky, rum, gin, gin, vodka and other spirits and spirits).
The quotas included in the table will be considered as maximum quotas and can be modified by Supreme Decree.
II.- The Beers Marketing Retention? RCC and the Alcoholic Beverage Import Retention? RIBA shall be determined by applying the corresponding rate on the volume of the product reached. This obligation arises in
the timing of the importation of alcoholic beverages or domestic domestic beer marketing.
The concept of Retention does not include the tax base of internal or import taxes.
III. Retention created by this Article shall be settled and paid in the form, time and place established by the
Executive Body by regulation.
IV. The resources obtained by the Marketing Retention of Beer? RCC and Beverage Import Retention
Alcoholic? RIBA, will be fully allocated to the Fund to Support the Dairy Productive Complex? PROLèche.
Article 9. (INPUT FROM DAIRY AND DERIVATIVE COMPANIES).
I. The Dairy Productive Complex Support Fund-PROLECHE will be co-financed by
dairy and derivative companies operating in the country's territory.
II. Starting in 2013, the contribution The total number of enterprises will be at least 40% (40%) of the
annual direct transfers from the Fund to enterprises and will grow at least 5% annually (5%).
Each company's contribution will be proportional to the volume of its operations measured by its actual annual production, according to the following criteria:
As of the date of publication of the regulatory decree until December 2012, only companies that concentrate more than fifty percent (50%) of total milk production in Bolivia will make the corresponding contribution.
From January 2013, it will be incorporated into the Support Fund. Dairy Production Complex? PROECHE, the contribution of companies that have at least three percent (3%) of total milk production in Bolivia.
From 2014, all companies will make the contribution corresponding to the Fund to Support the Dairy Productive Complex? PROLèche.
III. The primary milk producers are excluded from the provisions of this Article.
Article 10. (SANCTIONING REGIME). The failure to comply with the payment of deductions and contributions
as set out in the preceding Articles, within the time limits determined by regulation, shall be subject to the following regime sanctioning:
pecuniary penalties: a fine of up to twenty percent (20%) of the amount of retention or non-compliance.
Temporary suspension of the trade license plate.
For the Dairy industries: Exclusion of the benefit of direct transfers to industries
The resources obtained by the collection of the fines for the amount of withholding taxes or contributions not met, will be
allocated to the Fund to Support the Dairy Productive Complex? PROLèche.
TEMPORALITY, UNUSED RESOURCE DESTINATION
AND BOTTOM CLOSE
Article 11. (TEMPORALITY). The Dairy Productive Complex Support Fund? PROECHE, will have
an eight (8) year term computed from the date of publication of the Supreme Decree that rules it.
Article 12. (DESTINATION OF UNUSED RESOURCES). Following a technical, economic and results evaluation of the Fund, carried out every two years (2) years by the Ministry of Productive Development and Plural Economy, if the fulfillment of its goals and the Existence of surplus funds, this Ministry will be able to instruct PRO BOLIVIA to transfer these resources for the implementation of support actions of productive dairy infrastructure within the program: Bolivia changes, Evo complies.
amount of unused resources will be calculated by reference to the growth the input of
Article 13. (COMPLETION OF PUBLIC CONTRIBUTIONS TO THE PRO MILK FUND). Public contributions to the
Support Fund for the Dairy Productive Complex? PROECHE will cease to conclude the eighth year of operation of the Fund.
FIRST. The Authority of Taxation and Social Control of Companies is empowered to collect,
control and Audit of the correct payment of the deductions and contributions established by this Law,
SECOND. The Retentions for the Marketing of Beer? RCC and Import Retentions of
Alcoholic Drinks? RIBA, will be governed by the provisions of this Law and its regulations,
THIRD. The Ministry of Productive Development and Plural Economy and the Ministry of Rural Development and
Land, will approve annually during the month of May, a price band to be paid to the producer of raw milk and a price band to the final consumer of selected dairy products. The final consumer price band will be reviewed semi-annually.
FOURTH. By Supreme Decree the use and distribution criteria of the Support Fund will be established for the
Dairy Productive Complex? PROECHE, as well as the operating procedures of the sanctioning regime.
QUINTA. The Ministry of Productive Development and Plural Economy is constituted in the entity in charge of
ensuring the fulfillment of the results and Fund objectives.
SIXTH. The Ministry of Productive Development and Plural Economy no longer than thirty (30) days to
from the publication of this Law, by means of express regulation will issue the additional regulatory required.
Law 062 of November 28, 2010, consistent with Article 27 of Supreme Decree No. 0772 of 19 December 2010. January 2011.
Remit to the Executive Body, for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-nine days of the month of
November of two thousand eleven years.
Fdo. René Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Zonia Guardia Melgar, Carmen García M.,
Agripina Ramírez Nava, Ángel David Cortés Villegas.
Therefore, it is enacted to be and comply with the law of the State. Plurinational of Bolivia.
Palace of Government of the city of La Paz, at the fifteen days of the month of December of two thousand eleven years.
FDO. EVO MORALES AYMA, Carlos Romero Bonifaz, Luis Alberto Arce Catacora, Ana Teresa Morales
Olivera, Nemesia Acacollo Tola.